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Subject: Virginia Law & board email decisions
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Author Messages
KathyA3
(Virginia)

Posts:13


08/13/2021 7:40 AM  
Thank you for all the helpful comments posted in the past. Greatly appreciated.

What state laws in Virginia allows boards to make decisions and talk over email/ I have looked at VA Nonstock law, Property owners law and a couple of others. I thought there was a new law about this during covid....any thoughts?
Thank you
AugustinD


Posts:1937


08/13/2021 8:39 AM  
First, I would do a search for the phrase "without a meeting" of the Nonstock Corporation Act at https://law.lis.virginia.gov/vacodepopularnames/virginia-nonstock-corporation-act/. Study all it says.

Second, did you google? This site seems to have a great overview of the laws in Virginia for HOAs during the pandemic: https://www.jdsupra.com/legalnews/the-impact-of-coronavirus-on-virginia-62619/

Third, one may google on the Virginia Governor's Executive Orders mentioned in the link above to see if either has been rescinded; continued; amended; and so on.

Some of the Virginians who post here may have more to say.
SheliaH
(Indiana)

Posts:4296


08/13/2021 11:47 AM  
J u should also remember there are some issues state law hasn't caught up with yet, so your specific concern might not be addressed anywhere.

That said this would be a good issue to discuss with your association attorney (because most of us aren't attorneys and what's true in your state may not be th case in mind or vice versa. There are a few older conversations on this website you can look at to get some ideas on policy.

To me emails are another form of association documents homeowners may or may not have access to, depending on the situation, so your policy should start by addressing things like preserving emails, emails between the board and attorney, making decisions via email (in my opinion, that's a bad idea unless there's an emergency and then you may want to specify what would qualify). And that's just for starters...
CathyA3
(Ohio)

Posts:2607


08/14/2021 7:18 AM  
Here is another recent (June 2021) look at the issues:

https://wordsofconveyance.com/can-a-board-of-directors-make-decisions-for-the-hoa-by-unanimous-emails/
CathyA3
(Ohio)

Posts:2607


08/14/2021 7:42 AM  
Posted By CathyA3 on 08/14/2021 7:18 AM
Here is another recent (June 2021) look at the issues:

https://wordsofconveyance.com/can-a-board-of-directors-make-decisions-for-the-hoa-by-unanimous-emails/



My understanding of this:

* Virginia requires open meetings

* Recent legislation allowed for meetings via electronic means

* This recent legislation does not remove the requirement for open meetings - thus "electronic means" should be understood as something like Zoom meetings but excluding email decisions

* There *may* be an exception for email discussions of topics that would be addressed in executive session

(Usual disclaimer: I'm not a lawyer)



KathyA3
(Virginia)

Posts:13


08/14/2021 10:32 AM  
Thank you for this great info. Appreciate your help.
MaxB4
(California)

Posts:1614


08/14/2021 10:43 AM  
Posted By CathyA3 on 08/14/2021 7:18 AM
Here is another recent (June 2021) look at the issues:

https://wordsofconveyance.com/can-a-board-of-directors-make-decisions-for-the-hoa-by-unanimous-emails/



Commonly referred to in Bylaws as ACTION WITHOUT A MEETING.
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